Connecticut Judicial Branch Law Libraries
Copyright © 1999-2007, Judicial Branch, State of Connecticut. All rights reserved.
Termination of
Parental Rights (TPR)
A Guide to Resources in the Law Library
· Adoption and termination of parental rights: “[I]t is clear that adoption cannot proceed unless the parents’ rights are terminated in the first instance. The converse is not true. The parents’ rights can be terminated without an ensuing adoption . . . . [T]here are circumstances wherein termination of a parent’s rights is not followed by adoption.” In re Theresa S., 196 Conn. 18, 30-31, 491 A.2d 355 (1986).
· Termination of parental rights: “means the complete severance by court order of the legal relationship, with all its rights and responsibilities, between child and his parent or parents so that the child is free for adoption except it shall not affect the right of inheritance of the child or the religious affiliation of the child.” Conn. Gen. Stat. §§ 45a‑707(8), 17a‑93(e) (2007).
Sections in this chapter:
§ 1a. Rights of parents in general
§ 1d. Equal protection of the laws
§ 1e. Notice and opportunity to be heard
§ 3b. Acts of parental commission or omission
§ 3c. No ongoing parent-child relationship
§ 3d. Neglected and Uncared for
§ 3f. Parent has killed or committed an assault
§ 3g. Parent convicted of sexual assault resulting in conception of the child
§ 4c. Parties and Sstanding in TPR proceedings
§ 4f. Reason effort to Locate and Reunify
§ 4h. Motion to open or set aside
§ 4i. Appeals in juvenile matters
§ 4j. Standards of Appellate review
Tables in this chapter
Table 1. Rights of the remaining parent in TPR
Table 2. Foster parents and TPR
Table 3. Best Interest of the Child Standard in TPR
Table 4. Consent to TPR within 48 hours of birth or by minor
Table 5. Grounds for Termination
Table 6. ALR Annotations on Factors in TPR
Table 7. Proof of Grounds for Terminating Parental Rights
Table 9. Who May Petition for TPR
Table 10. Statutory Factors Considered in TPR
Table 11. Cooperative Postadoption Agreements
Rights of Parents
A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic sources relating to the rights in general of parents and foster parents in termination of parental rights cases in Connecticut
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CURRENCY |
· 2007-2008 Edition
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· “The fundamental liberty interest of natural parents in the care, custody, and management of their children does not evaporate simply because they have not been model parents or have lost temporary custody of their child to the State. Even when blood relationships are strained, parents retain a vital interest in preventing the irretrievable destruction of their family life. If anything, persons faced with forced dissolution of their parental rights have a more critical need for procedural protections than do those resisting state intervention in to ongoing family affairs.” Santorsky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 71 L.Ed 2d 599 (1982).
· “When the State moves to destroy weakened familial bonds, it must provide the parents with fundamentally fair procedures.” Santorsky v. Kramer, 455 U.S. 745, 753-754, 102 S.Ct. 1388, 71 L.Ed 2d 599 (1982).
· “[W]e recognize that ‘the right of parents qua parents to the custody of their children is an important principle that has constitutional dimensions,’ a principle echoed and illuminated in recent years by decisions of the United States Supreme Court and of this court.” In Re Juvenile Appeal (Docket No. 10155), 187 Conn. 431, 435, 446 A.2d 808 (1982).
· “Termination of parental rights is a judicial matter of exceptional gravity and sensitivity. Anonymous v. Norton, 168 Conn. 421, 430 362 A.2d 532 (1975). Termination of parental rights is the ultimate interference by the state in the parent-child relationship and, although such judicial action may be required under certain circumstances, the natural rights of the parents in their children ‘undeniably warrants deference and, absent a powerful countervailing interest, protection.’ Stanley v. Illinois, 405 U.S. 645, 651 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972); In re Juvenile Appeal (Anonymous), 177 Conn. 648, 671 420 A.2d 875 (1979).” In Re Emmanuel M., 43 Conn. Sup. 108, 112, 648 A.2d 904 (1993)
A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic sources relating to the rights in general of parents and foster parents in termination of parental rights cases in Connecticut
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Currency |
· 2007-2008 edition
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DEFINITIONS: |
· Fourteenth Amendment to the U.S. Constitution: “. . . nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” · Due Process: “freedom of personal choice in matters of . . . family life is one the liberties protected by the Due Process Clause of the Fourteenth Amendment.” Cleveland Board of Education v. LaFleur, 414 U.S. 632, 639-640, 94 S. Ct. 791, 39 L. Ed. 2d 52 (1974). · Equal protection of the laws: “The guaranty of equal protection of the laws ensures that the laws apply alike to all in the same situation, or that similar treatment is afforded to those in similar circumstances.” In re Nicolina T., 9 Conn. App. 598, 606 (1987).
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STATUTES: |
· Conn. Gen. Stat. (2007). Chapter 319a. Child welfare § 17a-112. Termination of parental rights of child committed to commissioner. Chapter 803. Termination of parental rights and adoption § 45a-708. Guardian ad litem for minor or incompetent parent § 45a-715. Petition to terminate parental rights. Cooperative postadoption agreements. § 45a-716. Hearing on petition to terminate parental rights. Notice. Attorney General as a Party § 45a-717. Termination of parental rights. Conduct of hearing, Investigation and report. Grounds for termination. (a) At the hearing held on any petition for the termination of parental rights . . . any party to whom notice was given shall have the right to appear and be heard with respect to the petition. § 45a-719. Reopening judgment terminating parental rights. Best interest of child. Final decree of adoption
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COURT RULES: |
· Conn. Practice Book (2007) Chapter 32a. Rights of parties neglected, uncared for and dependent children and termination of parental rights § 32a-1. Right to counsel and to remain silent § 32a-2. Hearing procedure; Subpoenas § 32a-3. Standards of proof § 32a-4. Child witness § 32a-5. Child in the court § 32a-6. Interpreter § 32a-7. Records § 32a-8. Use of confidential alcohol and drug abuse treatment records as evidence
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CASES: |
· In re Jeisean M., 74 Conn. App. 233, 240-241, 812 A2d 80 (2002). "Accordingly, we hold that in deciding an application for a waiver of fees, costs and expenses pursuant to Practice Book § 63-6 in a termination of parental rights proceeding, the factors to be weighed by the trial court are limited to a consideration of whether the applicant. has a statutory right of appeal pursuant to General Statutes § 52-263 and whether the applicant is indigent." · Roth v. Weston, 259 Conn. 202, 231, 789 A.2d 431 (2002). "We recognize that due process requires the clear and convincing test be applied to the termination of parental rights because it is the complete severance by court order of the legal relationship, with all its rights and responsibilities . . . ." · Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972). “The private interest here, that of a man in the children he has sired and raised, undeniably warrants deference and, absent a powerful countervailing interest, protection.” · Quilloin v. Walcott, 434 U.S. 646, 255, 98 S.Ct. 549, 54 L.Ed.2d 511 (1978). “But this is not a case in which the unwed father at any time had, or sought, actual or legal custody of his child. Nor is this a case in which the proposed adoption would place the child with a new set of parents with whom the child had never before lived. Rather, the result of the adoption in this case is to give full recognition to a family unit already in existence, a result desired by all except appellant.” · Prince v. Massachusetts, 321 U.S. 158, 166, 64 S. Ct. 438, 88 L. Ed. 645 (1944). “It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder.” · In re Luke, 40 Conn. Supp. 316, 326-327, 498 A.2d 1054 (1985). “It is the responsibility of all of the adults involved to give the children’s interest top priority over their own emotional objectives, so that they may understand and benefit from the fact that they have two ‘Daddies’ who love them, that having two ‘Daddies’ is not ‘too complicated’ but is rather an enriching factor in their lives.”
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WEST KEY NUMBERS: |
· Constitutional law # 274(5). Deprivation of personal rights in general. Privacy, marriage, family, and sexual matters · Infants # 178. Evidence. Termination of parental rights
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DIGESTS: |
· ALR Digest: Attorneys § 35. Right to counsel and consultation Termination of parental rights · Connecticut Family Law Citations: Termination of Parental Rights · US L ED Digest: Constitutional Law § 803.5
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ENCYCLOPEDIAS: |
· 16B Am. Jur 2d Constitutional Law (1998). § 955. Hearing. Character and sufficiency; in general—Presence of person; counsel · 59 Am. Jur 2d Parent and Child (2002). § 36. Loss or forfeiture of right § 37. —Burden of proof · Patricia C. Kussman, Annotation, Right Of Indigent Parent To Appointed Counsel In Proceeding For Involuntary Termination Of Parental Rights, 92 ALR5th 379 (2001). · Wanda Ellen Wakefield, Annotation, Validity Of State Statutes Providing For Termination Of Parental Rights, 22 ALR4th 774 (1983). · Termination Of Parental Rights Based On Abuse Or Neglect, 9 COA 2d 483 (1997). § 24. Presumption and burden of proof
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TEXTS & TREATISES: |
· Ralph H. Folsom and Gayle B. Wilhelm, Incapacity, Powers of Attorney and Adoption in Connection 3d (2006). Chapter 5. Adoption and Parental Rights § 5:6. Termination of parental rights and appointment of guardian or statutory parent for adoption petition § 5:7. Notice, guardian ad litem § 5:8. Hearing, investigation and report, grounds for termination of parental rights, consent terminations · 1 Joan Heifetz Hollinger et al., Adoption Law and Practice (2006). Chapter 2. Consent to adoption § 2.10. Exceptions to the requirement of parental consent § 2.10[2]. State courts and statutory examples · 4 Sandra Morgan Little, Child Custody & Visitation Law and Practice (2007). Chapter 28. Termination of parental rights § 28.02. Elements of the proceeding § 28.02[2]. Constitutional limitations § 28.03. Procedural protections [1]. Service of process [2]. Notification of charges [4]. Counsel for the parents [5]. Disclosure · Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993). Chapter 13. Termination of Parental Rights § 13.18. Unmarried fathers
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LAW REVIEWS: |
· Michael J. Keenan, Note, Connecticut’s Trend In The Termination Of Parental Rights And What Can Be Done To Further It, 10 Connecticut Probate Law Journal 269 (1996). II. Background E. The federal judiciary and constitutional issues, pp. 294-297
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL: Lawrence.cheeseman@jud.ct.gov
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Table 1 Rights of the remaining parent in TPR
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Rights of the Remaining Parent in TPR
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Conn. Gen. Stats. § 17a-112(i) (2007) (partial)
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“Consent for the termination of the parental rights of one parent does not diminish the parental rights of the other parent of the child, nor does it relieve the other parent of the duty to support the child.”
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Conn. Gen. Stats. § 17a-112(n) (2007) (partial)
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“If the parental rights of only one parent are terminated,
the remaining parent shall be the sole parent and, unless otherwise provided
by law, guardian of the person.” |
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Conn. Gen. Stats. § 45a-717(i) (2007)
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“If the parental rights of only one parent are terminated, the remaining parent shall be sole parent and, unless otherwise provided by law, guardian of the person.”
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Table 2 Foster parents and TPR
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Foster Parents and TPR
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STATUTES
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· “The Commissioner of Children and Families shall not discriminate in preparing a home study or in placing a child with a prospective adoptive parent based on whether the prospective parent is or is not willing to become a foster parent pending an adoption placement.” Conn. Gen. Stats. § 45a-726(c) (2007).
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ENCYCLOPEDIAS
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· Michael G. Walsh, Annotation, Standing Of Foster Parent To Seek Termination Of Rights Of Foster Child’s Natural Parent, 21 ALR4th 535 (1983). · Kristine Cordier Karnezis, Annotation, Validity And Enforcement Of Agreement By Foster Parents That They Not Attempt To Adopt Foster Child, 78 ALR3d 770 (1977).
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CASE ANNOTATIONS
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· John F. Gillespie, Annotation, Status And Rights Of Foster Children And Foster Parents Under Federal Constitution, 53 L. Ed. 2d 1116 (1978). |
Table 3 Best Interest of the Child Standard in TPR
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Best Interest of the Child Standard in TPR
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Connecticut Statutes
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Conn. Gen. Stats. § 17a-112(q) (2007)
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“The provisions of this section shall be liberally construed in the best interests of any child for whom a petition under this section has been filed.”
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Conn. Gen. Stats. § 45a-706 (2007)
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“The provisions of sections 45a-706 to 45a-709, inclusive, 45a-715 to 45a-718, inclusive, 45a-724 to 45a-734, inclusive, 45a-736, 45a-737 and 52-231a shall be liberally construed in the best interests of any child for whom a petition has been filed under said sections.”
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Conn. Gen. Stats. § 45a-715(i) (2007)
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Postadoption agreements “If the Court of Probate determines that the child's best
interests will be served by postadoption communication or contact with either
or both birth parents, the court shall so order, stating the nature and
frequency of the communication or contact. A court may grant postadoption
communication or contact privileges if: (1) Each intended adoptive parent
consents to the granting of communication or contact privileges; (2) the
intended adoptive parent and either or both birth parents execute a cooperative
agreement and file the agreement with the court; (3) consent to postadoption
communication or contact is obtained from the child, if the child is at least
twelve years of age; and (4) the cooperative postadoption agreement is
approved by the court.” (n) An adoptive parent, guardian ad litem for the child or
the court on its own motion may, at any time, petition for review of
communication or contact ordered pursuant to subsection (i) of this section,
if the adoptive parent believes that the best interests of the child are
being compromised. The court may order the communication or contact be
terminated, or order such conditions in regard to communication or contact as
the court deems to be in the best interest of the adopted child.
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Conn. Gen. Stats. § 45a-719 (2007)
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Reopening judgment terminating parental rights. Best interest of child. Final decree of adoption. “. . . . For the purpose of this section, ‘best interest of the child’ shall include, but not be limited to, a consideration of the age of the child, the nature of the relationship of the child with the caretaker of the child, the length of time the child has been in the custody of the caretaker, the nature of the relationship of the child with the birth parent, the length of time the child has been in the custody of the birth parent, any relationship that may exist between the child and siblings or other children in the caretaker's household, and the psychological and medical needs of the child. The determination of the best interest of the child shall not be based on a consideration of the socio-economic status of the birth parent or the caretaker.”
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Cont’d Connecticut Cases
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In re Rachel J., 97 Conn. App. 748, 761, 905 A.2d 1271 (2006)
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“It is well settled that we will overturn the trial court's decision that the termination of parental rights is in the best interest of the children only if the court's findings are clearly erroneous.” |
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In re Tyqwane V., 85 Conn. App. 528, 534, 857 A.2d 963 (2004). |
“In addition, ‘the best interest of a child is not the [court's] primary focus when determining whether to grant a petition to terminate parental rights. . . . [C]oncern for the children is an additional, not an alternative, requirement for the termination of parental rights.’(Citation omitted.)”
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A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic sources relating to the right to counsel in termination of parental rights in Connecticut.
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CURRENCY: |
· 2007-2008 Edition
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DEFINITIONS: |
· “If a party appears without counsel, the court shall inform such party of the party’s right to counsel and upon request, if he or she is unable to pay for counsel, shall appoint counsel to represent such party. No party may waive counsel unless the court has first explained the nature and meaning of a petition for the termination of parental rights.” Conn. Gen. Stat. (2007) § 45a-717(b). · “The respondent’s due process rights are therefore properly determined by the balancing test of Mathews v. Eldridge, 424 U.S. 319, 334, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976), employed by the United States Supreme Court in considering a parent’s right in termination proceedings to representation by counsel . . . ” In Re Juvenile Appeal (Docket No. 10155), 187 Conn. 431, 435, 446 A.2d 808 (1982).
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STATUTES: |
· Conn. Gen. Stat. (2007) Chapter 319a. Child welfare § 17a-112. Termination of parental rights of child committed to commissioner . . . . Chapter 803. Termination of parental rights and adoption § 45a-715. Petition to terminate parental rights § 45a-716. Hearing on petition to terminate parental rights. Notice. Attorney General as party (b). . . . If the recipient of the notice is a person described in subdivision (1) or (2) or is any other person whose parental rights are sought to be terminated in the petition, the notice shall contain a statement that the respondent has the right to be represented by counsel and if the respondent is unable to pay for counsel, counsel will be appointed for the respondent. § 45a-717. Termination of parental rights. Conduct of hearing, Investigation and report. Grounds for termination § 45a-719. Reopening judgment terminating parental rights. Best interest of child. Final decree of adoption
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COURT RULES: |
· Conn. Practice Book (2007) Chapter 32a-1. Rights of parties neglected, uncared for and dependent children and termination of parental rights § 32a-1. Right to counsel and to remain silent
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CASES: |
· In re Alexander V., 223 Conn. 557, 566, 613 A.2d 780 (1992). “Accordingly we conclude that due process does not require a competency hearing in all termination cases but only when (1) the parent’s attorney requests such a hearing, or (2) in the absence of such a request, the conduct of the parent reasonably suggests to the court, in the exercise of its discretion, the desirability of ordering such a hearing sua sponte.”
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WEST KEY NUMBERS: |
· Constitutional law # 274(5). Deprivation of personal rights in general. Privacy, marriage, family, and sexual matters · Infants # 178. Evidence. Termination of parental rights
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DIGESTS: |
· ALR Digest: Attorneys § 35. Right to counsel and consultation Termination of parental rights · Connecticut Family Law Citations: Termination of Parental Rights · US L ED Digest: Constitutional Law § 803.5
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ENCYCLOPEDIAS: |
· 16B Am. Jur 2d Constitutional Law (1998). § 955. Hearing. Character and sufficiency; in general—Presence of person; counsel · 59 Am. Jur 2d Parent and Child (2002). § 36. Loss or forfeiture of right § 37. —Burden of proof · Patricia C. Kussman, Annotation, Right Of Indigent Parent To Appointed Counsel In Proceeding For Involuntary Termination Of Parental Rights, 92 ALR5th 379 (2001). · Wanda Ellen Wakefield, Annotation, Validity Of State Statutes Providing For Termination Of Parental Rights, 22 ALR4th 774 (1983). · Termination Of Parental Rights Based On Abuse Or Neglect, 9 COA 2d 483 (1997)
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TEXTS & TREATISES: |
· Ralph H. Folsom and Gayle B. Wilhelm, Incapacity, Powers of Attorney and Adoption in Connection 3d (2006). Chapter 5. Adoption and Parental Rights § 5:6. Termination of parental rights and appointment of guardian or statutory parent for adoption petition § 5:7. Notice, guardian ad litem § 5:8. Hearing, investigation and report, grounds for termination of parental rights, consent termination · 4 Sandra Morgan Little, Child Custody & Visitation Law and Practice (2007). Chapter 28. Termination of parental rights § 28.03. Procedural protections [4]. Counsel for the parents · Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993). Chapter 13. Termination of Parental Rights § 13.06. Right to counsel
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LAW REVIEWS: |
· Michael J. Keenan, Note, Connecticut’s Trend In The Termination Of Parental Rights And What Can Be Done To Further It, 10 Connecticut Probate Law Journal 269 (1996). II. Background E. The federal judiciary and constitutional issues, pp. 290-291
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL: Lawrence.cheeseman@jud.ct.gov
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A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic sources relating to the standard of proof in termination of parental rights in Connecticut.
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CURRENCY |
· 2007-2008 Edition
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DEFINITIONS: |
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STATUTES: |
· Conn. Gen. Stat. (2007) § 17a-112. Termination of parental rights of child committed to commissioner
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COURT RULES: |
· Conn. Practice Book (2007) Chapter 32a-1. Rights of parties neglected, uncared for and dependent children and termination of parental rights § 32a-3. Standards of proof
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CASES: |
· In Re Lee, 104 Conn. App. 121, 136-137. (2007) “The respondent's argument loses sight of the fact that, for the purpose of the court's ultimate determination regarding whether her parental rights should be terminated, the relevant testimony elicited from the respondent was that she permitted someone who she knew very clearly had a problem with substance abuse to reside in her home with her children. Because the court found that the respondent generally was aware of her fifth husband's drinking problem, it was appropriate for the court to consider this as a factor when assessing the respondent's progress toward rehabilitation.” · In The Interests of Jaisean M., 2002 Ct. Sup. 5787, 5789, 2002 WL 1156030 (May 3, 2002) "Roth and Troxel have nothing to do with a termination of parental rights case. In fact, the burden of proof in a termination of parental rights case has long been 'clear and convincing evidence,' and the requirement that a grandparent seeking visitation overcome a similar burden actually parallels and reaffirms, rather than undermines, the statutory scheme applicable to termination cases." · In re Eden, 250 Conn. 674, 694, 741 A.2d 873 (1999). “The constitutional requirement of proof by clear and convincing evidence applies only to those findings upon which the ultimate decision to terminate parental rights is predicated.”
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WEST KEY NUMBERS: |
· Constitutional law # 274(5). Deprivation of personal rights in general. Privacy, marriage, family, and sexual matters · Infants # 178. Evidence. Termination of parental rights
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DIGESTS: |
· ALR Digest: Attorneys § 35. Right to counsel and consultation Termination of parental rights · Connecticut Family Law Citations: Termination of Parental Rights · US L ED Digest: Constitutional Law § 803.5
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ENCYCLOPEDIAS: |
· 16B Am. Jur 2d Constitutional Law (1998). § 955. Hearing. Character and sufficiency; in general—Presence of person; counsel · 59 Am. Jur 2d Parent and Child (2002). § 36. Loss or forfeiture of right § 37. —Burden of proof · Patricia C. Kussman, Annotation, Right Of Indigent Parent To Appointed Counsel In Proceeding For Involuntary Termination Of Parental Rights, 92 ALR5th 379 (2001). · Wanda Ellen Wakefield, Annotation, Validity Of State Statutes Providing For Termination Of Parental Rights, 22 ALR4th 774 (1983). · Termination Of Parental Rights Based On Abuse Or Neglect, 9 COA 2d 483 (1997). § 24. Presumption and burden of proof
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TEXTS & TREATISES: |
· Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993). Chapter 13. Termination of Parental Rights § 13.03. Standard of proof · 4 Joan Heifetz Hollinger et al., Adoption Law and Practice (2006). § 2.10. Exceptions to the requirement of parental consent [2]. State courts and statutory examples · 4 Sandra Morgan Little, Child Custody & Visitation Law and Practice (2007). Chapter 28. Termination of parental rights § 28.04[2]. Burden of proof
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LAW REVIEWS: |
· Michael J. Keenan, Note, Connecticut’s Trend In The Termination Of Parental Rights And What Can Be Done To Further It, 10 Connecticut Probate Law Journal 269 (1996). II. Background E. The federal judiciary and constitutional issues, pp. 293-294
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. |
A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic sources relating to the constitutional guarantee of equal protection of the laws in termination of parental rights in Connecticut
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CURRENCY |
· 2007-2008 Edition
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DEFINITIONS: |
· “The guaranty of equal protection of the laws ensures that the laws apply alike to all in the same situation, or that similar treatment is afforded to those in similar circumstances.” In re Nicolina T., 9 Conn. App. 598, 606, 520 A.2d 639 (1987).
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CASES: |
· In re Nicolina T., 9 Conn. App. 598, 606, 520 A.2d 639 (1987). “The trial court’s court decision to terminate the respondent’s parental rights was made pursuant to the statutory requirements of General Statutes § 17-43a (b) [now § 17a-112], makes no distinction between mentally ill and other persons. As such, the statutory criteria applies with equal force to all parents without regard to their mental condition.”
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WEST KEY NUMBERS: |
· Constitutional Law #225.1. Equal protection of the laws. Regulations affecting civil rights or personal rights and relations in general.
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DIGESTS: |
· ALR Digest: Termination of parental rights · Connecticut Family Law Citations: Termination of Parental Rights
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ENCYCLOPEDIAS: |
· Wanda Ellen Wakefield, Annotation, Validity Of State Statutes Providing For Termination Of Parental Rights, 22 ALR4th 774 (1983). §§ 5-9. Objections on grounds of discrimination; Equal protection
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. |
A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic sources relating to the constitutional guarantee of notice and the opportunity to be heard including determination of parental competency.
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CURRENCY |
· 2007-2008 Edition
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DEFINITIONS: |
· Mentally incompetent person: “one who is unable to understand the nature of the termination proceeding and unable to assist in the presentation of his or her case.” In re Alexander V., 223 Conn. 557, 563, 613 A.2d 780 (1992).
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STATUTES: |
· Conn. Gen. Stat. (2007) § 45a-716. Hearing on petition to terminate parental rights. Notice, Attorney General as party. (a) Upon receipt of a petition for termination of parental rights, the Court of Probate, or the Superior Court on a case transferred to it from the Court of Probate in accordance with the provisions of subsection (g) of section 45a-715, shall set a time and place for hearing the petition. The time for hearing shall be not more than thirty days after the filing of the petition, except, in the case of a petition for termination of parental rights based on consent that is filed on or after October 1, 2004, the time for hearing shall be not more than twenty days after the filing of such petition. . . .” (b) “The court shall cause notice of the hearing to be given to the following persons, as applicable: (1) The parent or parents of the minor child, including any parent who has been removed as guardian on or after October 1, 1973, under section 45a-606; (2) the father of any minor child born out of wedlock, provided at the time of the filing of the petition (A) he has been adjudicated the father of such child by a court of competent jurisdiction, (B) he has acknowledged in writing that he is the father of such child, (C) he has contributed regularly to the support of such child, (D) his name appears on the birth certificate, (E) he has filed a claim for paternity as provided under section 46b-172a, or (F) he has been named in the petition as the father of the child by the mother; (3) the guardian or any other person whom the court deems appropriate; (4) the Commissioner of Children and Families; and (5) the Attorney General . . . . (d) In any proceeding pending in the Court of Probate, in lieu of personal service on a parent or the father of a child born out of wedlock who is either a petitioner or who signs under penalty of false statement a written waiver of personal service on a form provided by the Probate Court Administrator, the court may order notice to be given by certified mail, return receipt requested, deliverable to addressee only, at least ten days before the date of the hearing. If such delivery cannot reasonably be effected, or if the whereabouts of the parents is unknown, notice shall be ordered to be given by publication as provided in subsection (c) of this section. § 45a-717. Termination of parental rights. Conduct of hearing, Investigation and report. Grounds for termination (a) “At the hearing held on any petition for the termination of parental rights . . . any party to whom notice was given shall have the right to appear and be heard with respect to the petition . . . .”
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CASES: |
· In re Alexander V., 223 Conn. 557, 566, 613 A.2d 780 (1992). “Accordingly we conclude that due process does not require a competency hearing in all termination cases but only when (1) the parent’s attorney requests such a hearing, or (2) in the absence of such a request, the conduct of the parent reasonably suggests to the court, in the exercise of its discretion, the desirability of ordering such a hearing sua sponte.”
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WEST KEY NUMBERS: |
· Constitutional Law # 274. Deprivation of personal rights in general. Privacy (5). Privacy; marriage, family and sexual matters · Mental Health # 472. Capacity to sue and be sued
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DIGESTS: |
· Connecticut Family Law Citations: Termination of Parental Rights
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TEXTS & TREATISES: |
· Ann M. Haralambie, Handling Child Custody, Abuse and Adoption Cases (1993). Chapter 13. Termination of Parental Rights § 13.04. Standing § 13.05. Service of process · 1 Joan Heifetz Hollinger et al., Adoption Law and Practice (2006). § 2.10[2]. State courts and statutory examples · 4 Sandra Morgan Little, Child Custody & Visitation Law and Practice (2007). Chapter 28. Termination of parental rights § 28.03. Procedural protections [1]. Service of process [2]. Notification of charges § 28.04[5]. Right to be physically present
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Department Law Library, One Court Street, Middletown, CT 06457. (860) 343-6560. EMAIL: Lawrence.cheeseman@jud.ct.gov
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A Guide to Resources in the Law Library
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SCOPE: |
Bibliographic resources relating to the consensual termination of parental rights in Connecticut
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CURRENCY |
· 2007-2008 Edition
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DEFINITIONS: |